Criminal complaint

Criteria for quashing any FIR or criminal proceedings was that same could be quashed only if from bare reading of a complaint, no offence was made out; or where case was of no evidence; or very registration of case was proved to be made with mala fide on face of the record; or where case was of purely civil nature and criminal proceedings were not warranted; or where matter was based on jurisdictional defect.

Provisions of S.20 of Financial Institutions (Recovery of Finances) Ordinance, 2001, relating to certain offences, would be enforced by a Financial Institution against a person, who dishonestly committed a breach of terms of security documents to his advantage; and to the detriment of the Financial Institution; or who made fraudulent misrepresentation or committed a breach of an obligation; or representation made to a financial institution on the basis of which, the financial institution had granted a finance etc.

Respondents who had allegedly committed default in payment of finance; would not fall in any of the contingencies available in S.20 of Financial Institutions (Recovery of Finances) Ordinance, 2001

Criminal complaints preferred by Bank against the respondents, were misconceived, in circumstances

Impugned order which was passed by the Banking Court in criminal case was just and proper and required no interference by High Court

Proper remedy which was available to the bank was under S.9 of Financial Institutions (Recovery of Finances) Ordinance, 2001 which provided for institution of banking suit by bank against person who committed default in repayment of loan/finance.